Exploration On The Procedural Issues Of Civil Disputes In Administrative Trial Proceedings

With the gradually penetrating of administrative power into the field of private law,there are more administrative disputes with civil disputes interweaving cases,which have long troubled the judicial practice.The revision of the Administrative Procedure Law in 2015 established the system of simultaneously hearing civil disputes in administrative litigation.As an important system design for substantive settlement of cross-civil cases,this system is of great significance for optimizing the pattern of administrative litigation and promoting the modernization of national governance system and governance capacity.But unfortunately,the legislation related to the system of concurrent trial is still not detailed and comprehensive in the procedural design,resulting in a lot of disputes in the process of case trial,which also brings about problems such as deniability between practitioners in the trial,adjudication conflict,low efficiency,judicial credibility destruction and so on.Therefore,although the revised Administrative Procedure Law has been implemented for eight years,the number of cases properly solved by the system of simultaneous trial is not large in the trial practice.Many parties in cases with overlapping disputes still choose to litigate separately,and judges do not favor the trial mode.The original intention of the system design has not been effectively realized.As an important system design for substantive settlement of cross-litigant cases,the system of simultaneously hearing civil disputes in administrative litigation is of great significance for optimizing the pattern of administrative litigation and promoting the modernization of national governance system and governance capacity.However,unfortunately,the revised Administrative Procedure Law has been implemented for eight years,but in the practice of administrative trial,the number of cases related to civil disputes tried together is not large.Many parties in cases with overlapping administrative and civil disputes still choose separate litigation,and administrative trial judges prefer the old model of separate trial.The original intention of the system design has not been effectively realized.This paper mainly examines the legislation and implementation status of the system of civil dispute in administrative litigation,and analyzes some problems existing in the judicial practice of the system on the basis of clarifying its internal laws,construction principles and system characteristics.Finally,through improving the design of the procedural system,the system of simultaneous trial of civil disputes in administrative litigation has a more complete connotation and operational procedure norms.The article include three parts:the introduction,the body and conclusion,the main contents of which are as follows: Chapter one explains the basic concept of the system of simultaneous trial of civil disputes in administrative litigation,including the characteristics of the system and the necessity of simultaneous trial in judicial practice.The second chapter analyzes the dilemma caused by procedural problems of the system of simultaneous trial through the introduction of typical cases,and summarizes the judicial practice of the system of simultaneous trial by collecting samples from China Judicial Documents network,sorting out the scope of application of the case,the situation of the parties’ application for simultaneous trial,the specific application situation of the court and other issues.The third chapter analyzes the difficulties and blocking points in the application of the system of simultaneous trial,which mainly include:unreasonable scope of accepting cases,unclear subject of review and authority,difficult to determine the jurisdiction of the court,trial procedure and trial organization is not standardized.At the same time,it summarizes the foreign system of handling cases under the jurisdiction of Chinese judicial practice and puts forward some useful lessons.The fourth chapter tries to put forward feasible suggestions on the trial procedure of the cases to be tried together,including the following aspects: the review of filing and the determination of the jurisdiction court,the trial organization in the trial process,the application of the trial procedure and mediation,and the production of judgment documents to appeal,second instance and retrial,so as to promote the further perfection of the system of simultaneous trial.